The murder trial for three Crips 23 gang members accused of murdering 75-year-old South Auckland rugby league stalwart Peter Rasmussen has been aborted.

Justice David Johnstone confirmed the decision this morning after meeting with lawyers for the defendants in a closed-chambers hearing.

He ordered the reason for the derailment to be suppressed on an interim basis, with the matter to be revisited when the defendants return to court next month to set a new trial date.

Prosecutors told jurors during their opening address on Friday that imprisoned gang leader Lasalosi Vaitohi had been so incensed by the robbery of a drug house on his turf in August 2021 that he immediately set about orchestrating violent retribution - unconcerned it would days later result in the shooting death of the intended target’s 75-year-old grandfather.

Vaitohi’s numerous calls from Auckland South Correction Facility in the week prior to Rasmussen’s death - all of which were recorded - were expected to play a major role in the weeks-long trial. Prosecutors said they included conversations with co-defendants Ethan Jessop, Daziea Leslie Huia and Amit Singh.

The original target was the Rasmussen’s grandson, a Killer Beez member who was living at the same house while on community detention, prosecutors alleged, pointing out that he and his girlfriend had been responsible for the recent drug house robbery. But the gang was content with sending a message by shooting up the house and any occupants in it if the grandson wasn’t home, they alleged.

Peter Rasmussen, 75, was allegedly shot dead in his Ōtāhuhu home on August 22, 2021. Photo / Supplied

Vaitohi, Jessop and Huia are all charged with helping to plan and carry out Rasmussen’s murder. Singh was not charged with murder, but prosecutors said he was part of a conspiracy with Vaitohi to injure the grandson’s girlfriend.

The trial had been set to begin last Monday but was beset by multiple delays. A jury was selected on Wednesday and the Crown’s opening address took place Friday despite Vaitohi’s absence. The defendant asked the judge to tell jurors he was feeling unwell.

Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.

• Imprisoned gang leader orchestrated hit, but 75yo grandfather was killed instead, jury told